(Kansas State University obtained a “Certificate of Plant Variety Protection,” pursuant to the Plant Variety Protection Act, 7 U.S.C. §§2321-2582, for a new variety of wheat seed; the University granted a license to the Kansas Wheat Alliance to enforce its protected rights; the Act prohibits those who are not certificate holders from “conditioning” certified seed to use it for reproductive purposes without permission; the Alliance filed an action against defendants, alleging that they had violated the Act by illegally conditioning protected seed intended to be sold by unauthorized farmers; in denying summary judgment to defendants, the court found that there were genuine issues of material fact as to whether defendants “knew or should have known” that its actions were in violation of the Act; evidence gathered during an undercover investigation could not serve as a violation of the Act because the investigator had legal authority to request the conditioning).